Study On Soft Law System Of The Realization Of Interests Of Economic Law

The realization of the interests of economic law is an important research topic,also one ofthe key and difficult points of the implementation of economic law,but the research existedmainly rely on hard law systems,while on the soft law systems,the study relevant has not yetdone.Apparently,it is incomplete,and is harmful to the realization of the interests of economiclaw.The rise of soft law based on the need of governance of public sphere,in public sphere,therehave lots of interests of economic law,and the implementation of those interests depends notonly on hard law approach,soft law is also useful,that’s where we should pay attention to.Inaddition,to public sphere and economic law which has private and public characters,soft law is acommon phenomenon.In view of this,it is inevitable and necessary to study on soft law system ofimplementation of economic law interest specially.On the one hand,in the approach ofimplementation of the interests of economic law,soft law system is important and should be takeninto consideration seriously;on the other hand,soft law system has close relationship with the hardlaw system.So,to improve the effect in realization of the interests of economic law,clarifyingthose two systems (the purpose is to find out the distinction,interactive and collaborative)isfundamental and conditional. Based on the consideration above,this thesis launches according tothe following logic:the dilemma of realization of the interests of economic law�'the necessityand possibility of absorbing soft law system to realize those interests�'what the soft law systemmentioned stand for(at the aspect of constitution principle and operation system)�'how itoperates in the specific case.The core of this article is to bring in the soft law system to realize theinterests of economic law,essentially,it is a kind of “strengthening research”,which emphasizesthe important role of soft law in realizing the interests of economic law.Apart from the preface and conclusion,this paper consists of five parts,as follows:The preface part of this paper preliminarily describes the status,purpose,methods andsignificance as well as other fundamental matters about our research topic.Then,it emphasizesthat,in the premise of mixed governance by hard law and soft law,we should pay attention to bothof them on the issue about realizing the interests of economic law.While the problem is that theresearch on realization of economic law interests is neglected,and that is where we should pay attention to and make it strengthen.Generally speaking,those “strengthening research” can notonly improve and promote approaches of realization of the interests of economic law inpractice,but also contribute to theory of economic law and interest,furthermore,they can alsodevelop and supply basic theories of the economic law.The first part focuses on the analysis of the interests of economic law and its approaches ofimplementation exited.The interests of economic law is multiple,and often exist in collectiveinterests which have many internal conflict.Thus,the realization of the interests of economic lawis right the balance of those multiple interests.The approaches of realization of economic lawinterest available reflect the characteristics of excessive dependence on hard law,such as,toconfirm more rights in legislation,to give administrative protection,and to provide our peoplemore access to justice.That’s where the dilemma lies.The second part starts on the point of dilemma,and indicates the necessity of bringing in softlaw system,and then,this part proves that soft law system is an alternative and important approachleading to realization of the interests of economic law besides hard law from changing ofconcept,context,systematic thinking of law.It is inevitable to chose soft and hard law in realizingthe interests of economic law,and we should pay more attention to those soft law.The third part mainly explains what the soft law system is in theoretically.The soft lawsystem is a system governed by society,in this system,cooperation is the core,soft rules themethods,equal subject the object,interactive game the routine, deliberative democracy theprimary element,and harmonious society the profound target.In the theoretical aspect,theory ofthe communication action,contract,governance by society can be the spirit of realization ofeconomic law interest by way of soft law.The fourth part mainly explains what the soft law system is in institutional.The soft lawsystem consists of soft law resources existed,including legislation,content,and implement of softlaw rules mainly.Specifically,the legislation that leading to realization of economic law interestsubjects to multiple participation,the procedure is flexible,the content is the consensus,and theimplement of those rules forced by influence and their interact,such as cooperation(alsopunishment while non-cooperation).The fifth part is to describe how soft law system operates in realizing the interests ofeconomic law by a certain case--about standard of water produced by Nongfu Spring--which has caused public concern.This part shows the process of realization of the interests of economic lawby analyzing the structure of interests,and tracing their interaction,and then pointing out theimportant role the soft law system plays.The last part is the conclusion of this paper.To begin with,soft law system plays an importantrole in realizing the interests of economic law,we should pay more attention to;next,there havemany soft law resources exited around us;in addition,we aim not for replacing the hard law bysoft law,yet just find ways combining them;finally,for the moment,the defect of soft law isobvious,and needs further exploration and improvement.